West Berkshire Council (23 016 611)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 02 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s failure to deal with an issue of dangerous parking on the highway. This is because there is not enough evidence of fault by the Council and it is unlikely we could add to its response to Mr X’s complaint or achieve any worthwhile outcome for him.
The complaint
- The complainant, Mr X, complains the Council has failed to take action to deal with a vehicle which is parked dangerously on the public highway near to a junction and obstructs the view of other road users.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has explained the reasons it cannot take action in respect of the vehicle and there is nothing we could usefully add to its response.
- I appreciate Mr X disagrees with the Council and claims the vehicle contravenes rules set out in the Highway Code but the Highway Code itself is not enforceable, as the Council has explained. It confirms the issue described by Mr X is one which is for the Police to deal with and although Mr X disputes this I have seen nothing to show the Council’s position is clearly wrong. We cannot therefore question its actions or say it must do more.
Final decision
- We will not investigate this complaint. This is because there is not enough evidence of fault and it is unlikely further investigation would achieve any worthwhile outcome for Mr X.
Investigator's decision on behalf of the Ombudsman